Wednesday, 9 July 2014

Nirbhaya Center - Our Response

WCD asks for Response from Public for Nirbhaya OSCC

To,Shri. S. K. Sinha,Under Secretary to the Govt. Of India,Ministry of Women and Child Development.Shastri Bhawan, New Delhi.

SUBJECT: Response to Concept Note
for setting up Nirbhaya Centre

Dear Sir,

This letter is in reference to
Public Notice vide File No. 27-1/2014-WW, asking response from Public for
Concept Note for setting up Nirbhaya Centre.

As a concerned NGO of the Republic
of India, we wish to share some preliminary objections to the whole concept:

1.We wish to draw your attention to the FIRST and
FOREMOST important “CHARTER OF THE UNITED NATIONS”, which in Chapter 1:
Purposes and Principles, under Article 1 (The Purposes of the United Nations
are:), in Point No. 3. Here, the Charter says, “To achieve international
co-operation in solving international problems of an economic, social,
cultural, or humanitarian character, and in promoting and encouraging
respect for human rights and for fundamental freedoms for all
without distinction as to race, sex, language, or
religion;”

So, the very
reference of United Nations, which has been mentioned into your report, in its
Charter or its Constitution, talks about Human Rights, without distinction
based on Gender of the Human. Article 7 of The Universal Declaration of Human
Rights , says, “All are equal before the law and are entitled
without any discrimination to equal protection of the law. All are
entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement to such
discrimination.”

So, while
referring to United Nation’s declaration on the Elimination of Violence, the
concept of the paper itself misses out the fact that United Nation’s PRIMARY
role and preamble is about Protection and Justice without Gender
discrimination. This means that the very foundation of these centers is
actually flawed as it takes AWAY the Right of Men of India for same services.

2.Also, your concept paper refers to a report from
Ministry of Women and Child Development, XII Five Year Plan. We hereby wish to
draw your attention to the very same report, Page No. 5, Table No. 1, which
clearly shows that Sex Ratio of India actually increased with age. Meaning,
more Men are dying faster as against Women. Sex Ratio increases from 914 per
1000 in Child Sex Ratio to 940 per 1000. This means, that where as Men need
more Protection, leaving them out of this Initiative is like going against the
same Publication. And we wish to stress even more on the fact that this report
is drawn by a Ministry which does not even have Mandate to protect and help Men
i.e. Ministry of Women and Child Development.

3.You have even referred data from National Crime
Records Bureau. We wish to draw your attention on how is this initiative
missing out worst hit Men/Husbands. The below graph is prepared from the
Suicides that Men-Husband-Women-Wife commit every year in India because on
non-availability of Support system. Whereas, women enjoy protection of over 49
Law along with over 10000 Women Organization, Special Ministry, Special
commission and other support system like concessions / quotas / reservation
apart from specially created Legal processes for their benefit including Crime
Against Women (CAW) cells / Mahila Thanas. Men continue to be on receiving end
of the society where being the ones who are weaker to handle pressures created
by society/women on them, men still remain an ignored entity.

4.Now, coming to the mention of Criminal Law
Amendment Act 2013 or that of Sexual Harassment at Workplace (Prevention, Prohibition
and Redressal) Act, 2013 is concerned, We must also bring to your notice
specific observations about both these laws:

b.Sexual
Harassment at Workplace Act 2013: The way Gender Biased Laws have become a basket
of laws, easy to misuse, the Law Makers while forming this law were forced to
include Misuse clause as shared in Article 'Add
misuse clause in sexual harassment bill'

So the very laws that you are
basing your concept to justify the need of these centers are being questioned on the very Motive
behind these laws by either Hon’ble Supreme Court of Law Ministry itself.

5.Coming to quoting of various countries OSCC,
lets first see if India is even ELIGIBLE to equate itself to these countries:

Bangladesh– Definition
of Rape is different from India

South Africa – The
law is Gender neutral UNLIKE India

England – The
law is Gender neutral UNLIKE India

Rwanda – Law
was formed under circumstances of Genocide

Zambia – The
law is Gender neutral for Accused UNLIKE India

Australia –The
law is Gender neutral UNLIKE India

Malaysia – Definition
of Rape is different from India

And only
countries of “convenience” for such a data have been included in your note and
clearly excluded are the huge list of countries which have Gender Neutral Rape
Laws.

6.On the services to be provided, any man who is a
victim of a Gender Crime (victim of Domestic Violence or victim of Rape or
victim of false Gender Biased cases), is in dire need of all the mentioned
services and hence there is no reason that spending 477 crores for this project
unless ALL citizens will get an access to this.